Supreme Court
New South Wales
Medium Neutral Citation: R v Woodham (No 2) [2023] NSWSC 1345 Hearing dates: 06 November 2023 Date of orders: 06 November 2023 Decision date: 08 November 2023 Jurisdiction: Common Law - Criminal Before: Weinstein J Decision: Verdict of act proven but not criminally responsible entered pursuant to s 31 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020
Catchwords: CRIME – murder – defence of mental health impairment – where parties agree defence available – court satisfied that evidence satisfies defence established – offence proven but the accused not criminally responsible
Legislation Cited: Crimes Act 1900
Crimes (Sentencing Procedure) Act 1999
Mental Health and Cognitive Impairment Forensic Provisions Act 2020
Cases Cited: Fleming v R (1998) 197 CLR 250; [1998] HCA 68
Category: Principal judgment Parties: Rex (Crown)
Louis Woodham (Accused)Representation: Counsel:
Solicitors:
N Keay (Crown)
S Fraser (Accused)
Office of the Director of Public Prosecutions (Crown)
Jamieson Criminal Law (Accused)
File Number(s): 2021/169252 Publication restriction: Nil
JUDGMENT
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The accused, Louis Woodham, stands charged with the murder of Denise Brameld contrary to s 18(1)(a) of the Crimes Act 1900. On 29 August 2022, Hamill J conducted a fitness hearing and on 30 August 2022 found that Mr Woodham was unfit to be tried pursuant to s 36 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (the Act), and that he may become fit to be tried within 12 months pursuant to s 47(1)(a) of the Act. His Honour referred the accused to the Mental Health Review Tribunal (MHRT) pursuant to s 49(1) of the Act, and remanded him in custody pursuant to s 47(2)(d) of the Act: see R v Woodham [2022] NSWSC 1154. On 3 January 2023, the MHRT determined that Mr Woodham was not fit to be tried for the offence for which he was found unfit and would not become fit to be tried within 12 months after Hamill J’s finding of 30 August 2022. The matter was therefore listed for special hearing.
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The accused pleaded not guilty by reason of mental health impairment. The Crown Prosecutor and the accused’s counsel advised the Court of their agreement, for the purpose of s 31 of the Act, that the proposed evidence established a defence of mental health impairment pursuant to s 28 of the Act.
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I therefore conducted a special hearing on 6 November 2023 to determine whether or not the evidence established a defence of mental health impairment. I was so satisfied and entered a special verdict of act proven but not criminally responsible pursuant to s 31 of the Act. I then made further orders and directions.
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I am grateful to Ms Keay who appeared on behalf of the Crown, and to Mr Fraser who appeared on behalf of the accused, for the collaborative manner in which…
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- R v Woodham (No 2) [2023] NSWSC 1345
- Case
- [2023] NSWSC 1345
- Decision Date
CaseChat Overview and Summary
The court examined whether the accused's mental health impairment was sufficient to negate criminal responsibility. The legal issue was whether the accused's condition at the time of the offence was such that it substantially impaired their ability to understand the nature and quality of their act or to know that it was wrong. The court considered expert psychiatric evidence and the circumstances of the offence. Ultimately, the court was satisfied that the evidence established the defence and found that, while the offence was proven, the accused was not criminally responsible due to their mental health impairment.
The Supreme Court of Queensland held that the defence of mental health impairment was applicable. It ruled that the accused was not criminally responsible for the offence of murder. The court's decision was based on the substantial impairment of the accused's mental functions at the time of the offence, which negated their criminal responsibility. The court's ruling was definitive in finding the accused not criminally responsible, thereby providing a just outcome in the circumstances.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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